REVISED JULY 2019
Used Kitchen Exchange Ltd Registered office at Rose Lea House, 63 Coroners Lane, Farnworth, Cheshire, WA8 9JB Registered in England No.9875521, VAT No. 23624616 (“the Agent”)
The Agent advertises the sale of kitchens and or kitchen equipment on the web (“the Goods”) on behalf of a third party (“the Vendor”).
The Agent is appointed by the Vendor to sell Goods to the Purchaser. The sale of the Goods will be in accordance with these Terms and Conditions of Sale” (“henceforth “these Terms”) If the Purchaser does not accept these terms and conditions, the Purchaser will be unable to purchase the Goods.
- The sale of the Goods is between the Purchaser and the Vendor in accordance with and subject to these Terms.
The Agent’s Duties, the Agent will:
- Organise a viewing of the Goods when requested by the Purchaser.
- Facilitate the sale of the Goods between the Purchaser and the Vendor.
- Provide such details and information of the Goods as communicated to the Agent by the Vendor to give an overview of the type, quality and condition of the Goods. The Agent endeavours to ensure the accuracy of information that describes the Goods detailed on the web site. However, the Agent cannot warrant the accuracy of this information.
- Co-ordinate the collection of the Goods between the Purchaser and Vendor.
- The Agent is paying the Vendor on the Purchaser`s behalf.
The Purchaser’ Duties, the Purchaser agrees that:
- It is legally able to enter in to this contract and is eighteen years and over of age.
- On receipt of payment from the Purchaser to the Agent, the Purchaser agrees that the Agent may make payment to the Vendor on the Purchaser`s behalf.
- It will inspect the Goods to confirm the condition, completeness and working order of the Goods prior to placing an order for the Goods.
- To check the Goods at Collection and highlight any discrepancies against the sale information so that these can be resolved with the Vendor prior to transportation.
- Used kitchens will require cleaning.
- The Purchaser`s contact information can be passed to the Vendor by the Agent.
- It will Collect the Goods at the time agreed at the point of sale and that non-compliance with these requirements shall entitle the Agent to cancel the sales agreement on behalf of the Vendor and recover expenses or losses incurred.
- In the event that the Vendor is a Business and the purchase is an Ex Display Good, the Purchaser has the right to cancel the Order within 14 days of receipt under the Consumer Contracts Regulations 2013. Cancellation must be received in writing with proof of delivery to the Vendor with confirmation to the Agent. The Purchaser must return the Goods within14 days of the notice and be responsible for the costs of return.
- The kitchens are either ex display or second hand so there may be signs of wear and tear. If the Purchaser is unhappy with any aspect of the Goods and is minded to cancel the Purchase it should first notify the Agent of its concerns to allow the defect to be corrected by either replacing, making good or offer financial compensation.
2. Prices and Payment
A 10% deposit of the total price of the Goods (“the Deposit”) must be made to the Agent to secure the sale of the Goods. The Deposit is non-refundable. Full payment for the Goods is must be received by the Agent no later than 14 days before collection of Goods by the Purchaser or an alternative date that is agreed between the parties.
All payments are to be made by bank transfer: no other payment method is acceptable. (Note, please allow time for bank transfer of payment.)
If payment is not made on the specified dates, the Agent, acting on behalf of the Vendor, is entitled to terminate this contract and retain the Deposit.
The Agent may alter the price of the Goods at any time prior to payment of the deposit of the Goods
Without liability the Agent may at any time prior to collection of the Goods withdraw the sale.
The Agent offers a 14day Purchaser Protection Policy in the event that there is a problem with the Goods. The 14days commences from the day that the Goods are collected and notice must be received by the 14th day through a completed Customer Services form on the Website. The Agent will try to resolve the problem and will issue a recommendation to resolve the issue to the parties concerned.
The parties will try to resolve any disputes amicably using utmost good faith. If the parties are unable to resolve their dispute they agree to conciliation by a Centre for Effective Dispute Resolution [“CEDR”] mediator. If conciliation is unsuccessful in resolving the dispute either of the parties may refer the matter to the courts.
5. Default and Limitation
All guarantees, warranties and associated remedies stated in this agreement are exclusive. No other guarantees or warranty, whether written, oral or implied or inferred from any course of dealing or usage or trade shall apply. Except as expressly and specifically provided in this agreement, all guarantees warranties and other terms implied by statute and or common law are, to the fullest extent permitted by applicable law, excluded from this agreement (including those of merchantable, satisfactory quality, fitness for a particular purpose).
Except for any liabilities which cannot be excluded by law, despite any contrary provision of this agreement the Agent’s maximum aggregate liability arising under this agreement whether in contract, tort (including negligence) or any other statutory liability shall not exceed 10% of the website or reserve price for the Goods whichever is the greater.
The Agent shall not be liable for any loss of income, profits, goodwill, data, contracts, loss of use or production, loss of bargain or for any indirect and/ or consequential loss or damage in contract, tort or otherwise.
6. The law
The Contract shall be governed by English law.Where the Purchaser is a Consumer, these terms shall not affect the consumer`s statutory rights.
Contact details: Tel: 0151 541 9420 and www.usedkitchenexchange.co.uk
Additional Terms for Collection and Delivery of Kitchens (if applicable):
The Agent or its Specialist delivery team (Agent) will provide Services for the collection and delivery of kitchens:
- Undertake the provision of Services with reasonable skill and care
- The risk of damage to the Goods is the responsibility of the Purchaser subject to the Agent undertaking its Services with reasonable skill and care.
- The Agent has clear, safe and uninterrupted access to the property and the area where the Services are to be performed
- The area where the Services are to be carried out is clean, level, has adequate lighting and is clear of debris
- It will notify the Agent of any changes to the completed Pre Services Questionnaire at the time agreed for the provision of the Services, any changes may incur an additional charge which will be agreed prior to undertaking the Services.
- If during the provision of the Services, you agree with the Agent to deviate from the agreed Services, we shall not be liable for any costs, damage or loss arising from such deviation.
- On completion of the Services, you will be asked to sign a certificate of completion and allow Agent to take photographs of the completed works. If you are not happy in any way with the Services which have been carried out and you do not note this on the certificate of completion then we will accept no liability if, in the future, you make a claim to us for damage or loss occurred during or as a result of the Services.
- If you raise a claim or issue in respect of the Services you will allow us access to review the Services and to take photographs of the Services and any alleged damage or poor quality of work.
- Should the purchaser choose for the items to be delivered to a storage facility, it is the responsibility of the purchaser to inspect the goods and report any defects within 14 days of the items being delivered to the storage facility. The purchaser takes ownership for the goods at the point that UKE deliver them into their chosen storage area. Any contract for storage is between the purchaser and storage facility directly.
The cost for the Services shall be due 14 days prior to the provision of Services. Additional charges will become due for payment 14 days following receipt of an Invoice.
Rescheduling of Services
The Agent may at any time reschedule the provision of the Services due to factors beyond its reasonable control.